In 1999, Navajo Nation Council Speaker Edward T. Begay set out to define the manner in which Navajo Common Law could be incorporated into the Codes of the Navajo Nation. Staff was instructed to conduct research, to define and to transcribe the Dine origin of the verbal laws. Speaker Begay committed to developing legislation that would incorporate these principles into the Codes thereby enhancing governmental operations and addressing Navajo Common Law practices.

On March 15, 1999, the three branch chiefs of the Navajo Nation -- President Kelsey A. Begaye, Speaker Begay, and Chief Justice Robert Yazzie -- signed a Statement of Fundamental Priorities affirming that preservation of Navajo culture and sovereignty should be considered in all policy decisions. It was determined that integrating elements of Navajo laws into every aspect of Navajo government would be the key to preservation. It also was acknowledged that Non-Navajo laws, customs, and traditions influence a significant majority of Navajo statutes, leading Navajo courts, in the 1980s, to state that statutes supercedes common laws and traditions. Nevertheless, judges presiding over Navajo Nation Courts have continued to use uncodified Navajo Common Law in their decisions. Several factors influenced the decision to codify Navajo Common law, in particular, the Navajo people's rising distrust of the Navajo Nation elected leaders, the Attorney General's and Legal Counsel's fiduciary roles and responsibilities. Other factors include the decline in the number of Navajo people participating in tribal elections and the lack of knowledge of the traditional teachings of respect, trust, support, listening, collaboration, involvement, obedience and unity. It was determined that the Navajo people do need the fundamental guiding principles and concepts of Navajo Common Law to practice our sovereignty and freedom and to strongly stand in our place, competitively with the outside world.